[Introduced February 6, 2012; referred to the Committee on the
Judiciary.]

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A BILL to amend and reenact §6-5-5 of the Code of West Virginia,
1931, as amended, relating to matters affecting the right to
hold office; and prohibiting certain persons from being
elected or appointed to positions under the laws of the State
of West Virginia.

Be it enacted by the Legislature of West Virginia:

That §6-5-5 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:

ARTICLE 5. TERMS OF OFFICE; MATTERS AFFECTING THE RIGHT TO HOLD
OFFICE.

§6-5-5. Disqualification by conviction of treason, felony, or
bribery or perjury.

(a) No person under conviction for treason, a felony, perjury
or bribery in an election may be elected or appointed to any
elective office under the laws of this state and should any person,
while holding such office, be so convicted, the office shall be
vacated thereby.

(b) As used in this section:

(1) “Felony” means a crime punishable by incarceration for a
period in excess of one year in the courts of this state, another
state or the United States; and

(2) “Under Conviction” means a finding of guilt which has not
been reversed, vacated or expunged by a court of competent
jurisdiction or unconditionally pardoned by an executive or entity
with the authority to so act.

NOTE: The purpose of this bill is to prohibit certain persons
from being elected or appointed to positions under the laws of the
State of West Virginia.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.